Climate Change Litigation and Policy—A Rapidly Shifting Landscape

Abstract

This paper provides an overview of climate change law and policy in the United States over the past year. The Environmental Protection Agency announced in March 2008 that they are soliciting public input on the best available science, including specific and quantifiable effects of greenhouse gases, relevant to making an endangerment finding. However, it is unlikely that any endangerment determination will be issued before the end of the current Bush administration. California has been particularly active in climate change litigation, suing several automobile manufacturers based on the alleged contributions of their vehicles to climate change impacts, and suing San Bernardino County for failing to address climate change in its General Plan update. The Lieberman-Warner Climate Security Act of 2007, which would have mandated cuts in greenhouse gas emissions from several sources including transportation, was stalled due to a Republican filibuster on the Senate floor. State governments have also been active in enacting climate change policy, including adopting their own greenhouse gas emission reduction targets, preparing climate change action plans and creating innovative mitigation measures. Local governments are also working to protect the environment through greater awareness and new policies to reduce greenhouse gases. These legislative and policy efforts all highlight the need to address climate change issues on a variety of levels and fronts.